Setting tougher penalties for criminals convicted of disarming a peace officer during a struggle is the aim of legislation sponsored by Senator Tim Bivins and approved May 7 by a unanimous vote of the Senate Judiciary Committee.

Sponsored in the House of Representatives by Representative Jim Sacia of Pecatonica, House Bill 5653 increases the penalty for disarming a peace officer or correctional employee from a Class 2 felony to a Class 1 felony, punishable by 4-15 years in prison.

Testifying on behalf of the legislation during committee was (at left, in photo) Jeannie Wrenn, Assistant State’s Attorney for Cook County.

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Senator Bivins' legislation increases penalty for disarming officer

5/12/2008

A former Lee County Sheriff, Senator Bivins says such situations can become life-threatening for the officer, as well as other people who are in the vicinity.

“Our police officers and our correctional officers deserve more protection. Suspects usually have reason for trying to take a gun away from an officer – they generally intend to use it. Once they have removed a weapon from a peace officer or a corrections officer, that puts the officer’s life in jeopardy, as well as the lives of people around them,” Senator Bivins said. “As I have said before, if they are going to do that to an officer, what will they do to the average citizen?”

Senator Bivins says such an incident occurred when he was Sheriff.

“A suspect had stolen a car and the deputy chased him into a field. The suspect went right after the deputy’s gun and they wrestled around in the farm field, in the snow and the mud,” Senator Bivins said. “The suspect was not successful in getting the gun, but he later said that had he got the deputy’s gun, his intent was to shoot the officer.”

House Bill 5653 now moves to the full Senate for further consideration. It is supported by the Illinois Association of Chiefs of Police, the Illinois State Police, the State’s Attorneys Appellate Prosecutor, the Cook County State’s Attorney, the Cook County Sheriff, and the City of Chicago.